JUDGE PRO TEMS

Sacramento Superior Court Temporary Judge Program Controversy

This investigative report is ongoing and was last updated in September, 2014.

Sacramento Family Court reform advocates assert that collusion between judges and local attorneys deprives financially disadvantaged, unrepresented pro per court users of their parental rights, community assets, and due process and access to the court constitutional rights.

Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for the most egregious examples of family court corruption, the movie's production team ultimately included four cases from Sacramento County in the film, more than any other jurisdiction. Judge pro tem attorneys Charlotte Keeley,Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case, featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case profiled in the documentary, with Sacramento County portrayed as the Ground Zero of family court corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.

Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was dumbfounded by the order. Click here for our exclusive report, which includes the complete court reporter transcript from the hearing. Click here for our earlier report on the unethical practice of "hometowning" and the prejudicial treatment of outsider attorneys.

Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a California Rule of Court prohibiting temporary judges from serving in family law cases where one party is self-represented and the other party is represented by an attorney or is an attorney. The orders were renewed by Presiding Judge Laurie M. Earl in February, 2013. Click here for details.

Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to opposing parties when a judge pro tem working as a private attorney represents a client in family court. Click herefor our exclusive investigative report. Click here for a list of other conflict of interest posts.

...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and misleading information about the unlawful contempt of court and resisting arrest incident. The apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct, trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government whistleblower. Click here for details.

Judge pro tem attorneys Camille Hemmer, Robert O'Hair, Jerry Guthrie and Russell Carlson each testified in support of Judge Peter J. McBrien when the controversial judge was facing removal from the bench by the Commission on Judicial Performance in 2009. As a sworn temporary judges aware of McBrien's misconduct, each was required by Canon 3D(1) of the Code of Judicial Ethics to take or initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a character witness in support of the judge. In the CJP's final disciplinary decision allowing McBrien to remain on the bench, the CJPreferred specifically to the testimony as a mitigating factor that reduced McBrien's punishment. Click here. Court records indicate that Judge McBrien has not disclosed the potential conflict of interest to opposing attorneys and litigants in subsequent appearances by the attorneys in cases before the judge. Click here for SFCN coverage of conflict issues.

In cases where one party is unrepresented, family court clerks and judges permit judge pro tem attorneys to file declarations which violate mandatory state court rule formatting requirements. The declarations- on blank paper and without line numbers - make it impossible for the pro per to make lawful written evidentiary objections to false and inadmissible evidence. Click here for our report documenting multiple state court rule violations in a motion filed by SCBA Family Law Section officer and temporary judge Paula Salinger. To view the pro per responsive declaration objecting to the illegal filing click here, and click here for the pro per points & authorities.

Family court clerks andjudgesallow judge pro tem attorneys to file a fabricated "Notice of Entry of Findings and Order After Hearing" in place of a mandatory Judicial CouncilNotice of Entry of Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information included in the mandatory form. Click here for our exclusive report.

Sacramento Family Court temporary judge and family law lawyer Gary Appelblattwas charged with 13-criminal counts including sexual battery and penetration with a foreign object. The victims were clients and potential clients of the attorney. The judge pro tem ultimately pleaded no contest to four of the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click here to read our report.

Judge pro tem and SCBA Family Law Section attorney Scott Kendall was disbarred from the practice of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate the law, failing to perform legal services competently, and failing to keep clients informed, including not telling a client about a wage garnishment order and then withdrawing from the same case without notifying the client or obtaining court permission. Court administrators concealed from the public that Kendall held the Office of Temporary Judge. Click here to view our report.

After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete, scathing account.

The Sacramento County Bar Association Family Law Section is led by an "Executive Committee" ("FLEC") of judge pro tem attorneys composed of Chair Russell Carlson, Vice Chair Elaine Van Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members. Click here for other articles about FLEC.

Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any provision of the California Rules of Professional Conduct. Family court watchdogs assert that temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of office. To view the applicable Code of Judicial Ethics Canons, Click here. For a Judicial Council directive about the obligation to address judicial misconduct, a critical self-policing component of the Code of Judicial Ethics, click here.

A number of family court whistleblowers have leaked court records indicating that judge pro tem attorneys receive from judges kickbacks and other preferential treatment in exchange for operating the family court settlement conference program.

For information about the role of temporary judges in family court,click here. For official Sacramento County Superior Court information about the Temporary Judge Program click here. Using public records law, Sacramento Family Court News obtained the list of private practice attorneys who also act as judge pro tems in Sacramento Family Law Court. Each lawyer on the list below is currently a temporary judge, or was a temporary judge in 2009, 2010, 2011, 2012 or 2013. SFCN cross-checked each name on the Sacramento County judge pro tem list with California State Bar Data. The first name in each listing is the name that appears on the Sacramento County judge pro tem list, the second name, the State Bar Number (SBN), and business address are derived from the official State Bar data for each attorney. The State Bar data was obtained using the search function at the State Bar website.

For-profit, private sector lawyers who also hold the Office of Temporary Judge:

Fredrick (Rick) Cohen, Fredrick S. Cohen, SBN 143407, Law Offices of Fredrick S. Cohen, 601 University Ave., Ste 222 Sacramento CA 95825. In 2012, Cohen unethically used his judge pro tem status for promotional purposes. After SFCN reported that he was in violation of the Code of Judicial Ethics [pdf], Cohen came into compliance. Cohen also has twice been sued in federal court by financially disadvantaged, unrepresented family court litigants. Click here to view the 2009 lawsuit filed by Igor Chepel. After Chepel voluntarily dismissed the case, Cohen and the other defendants in the case requested an order for $17,000 in attorney fees. The federal magistrate judge assigned to the case scoffed at the request and suggested that Cohen and the other defendants had lied about submitting a waiver of service, which was required to make the attorney fees request viable. Click here to view the June, 2011 court order denying the attorney fees request. In 2010, Cohen was sued again, along with a family court mediator and her supervisor by Heather DeLuz. Click here to view the DeLuz lawsuit. The case was dismissed for technical reasons, including quasi-judicial immunity, and Deluz's claims were never heard on the merits. Click here to read the February, 2011 order dismissing the case. Cohen is Treasurer of the Family LawExecutive Committee of the Sacramento County Bar Association Family Law Section. Click here for our profile of Cohen, and here for other articles about the attorney.

San Francisco attorney Stephen R. Gianelli describes his experience with Sacramento Family Court, judge pro tem attorney Charlotte Keeley, and the "settlement conference" program run by the temporary judges. Gianelli called the court a hopelessly corrupt "juice court" that "has now abandoned even the pretense of being fair to out-of-town counsel." Click here to read Gianelli's complete account.

Family law lawyers Jackie Eston and Nancy Perkovich also hold the Office of Temporary Judge. In this photo from the Sacramento Business Journal, the attorneys endorse a client management software program sold by Donna Gary, wife of full-time Sacramento Family Court Judge Matthew J. Gary. Family court watchdogs charge this is an example of the rampant cronyism between for-profit, private sector attorneys and taxpayer-paid, public sector judges. Source: Sacramento Business Journal

Carla Harms,Carla D Harms - SBN 221588 Law Ofc of Gary R. O'Dell 2220 Douglas Blvd Ste 200 Roseville, CA 95661.Camille Hemmer, Camille Heath Hemmer - SBN 113026 Law Ofc Camille H Hemmer 555 University Ave Sacramento, CA 95825. Hemmer has twice rotated through each officer position on the controversialSacramento County Bar Association Family Law Executive Committee or FLEC, most recently as chair in 2008. In 2012, Hemmer unethically used her judge pro tem status for promotional purposes. After SFCN reported that she was in violation of the Code of Judicial Ethics, Hemmer came into compliance. In 2008, Hemmer was involved in a proposed scheme to rig a recall election of controversialJudgePeter J. McBrien. The plan involved helping McBrien defeat the recall by electing him "Judge of the Year" before the November election. The following year, Hemmertestified as a character witness for McBrien when the judge was facingremoval from the bench by theCommission on Judicial Performance.Click here to read Hemmer's testimony, posted exclusively bySFCN. As a sworn temporary judge aware of McBrien's misconduct, Hemmer was required byCanon 6D(1) of the Code of Judicial Ethics to take or initiate appropriate corrective action to address McBrien's misconduct. Instead, she testified as a character witness in support of the judge. In the CJP's final disciplinary decision allowing McBrien to remain on the bench, the CJP referred specifically to Hemmer's testimony as a mitigating factor. Click here. Hemmer is a graduate of McGeorge School of Law. For our complete coverage of attorney Camille Hemmer Click here.

that as a judge pro tem, private sector attorney Charlotte Keeley was considered

an "insider." Source: CJP hearing transcript.

Charlotte Keeley, Charlotte Leigh Keeley - SBN 88904 1451 River Park Dr SBN 244 Sacramento, CA 95815. Keeley has been the subject of controversial court rulings and protests at her office. Keeley is a graduate of McGeorge School of Law. For SFCN coverage of attorney Charlotte Keeley, click here.Scott Kendall, Scott Michael Kendall - SBN 166156 PO Box 582883 Elk Grove, CA 95758. Judge pro tem attorney Scott Kendall was disbarred from the practice of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate the law, failing to perform legal services competently, and failing to keep clients informed, including not telling a client about a wage garnishment order and then withdrawing from the same case without notifying the client or obtaining court permission. Click hereto view the State Bar case which resulted in the disbarment of temporary judge Scott Kendall. Kendall is a graduate of McGeorge School of Law. For our report on the disbarment of Scott Kendall, click here.

Kevin Mendricks, J Kevin Mendricks - SBN 177501 Cinder Law Group 2360 E Bidwell St Ste 105 Folsom, CA 95630.Mary Molinaro, Mary Christine Molinaro- SBN 148973 Bartholomew & Wasznicky LLP 4740 Folsom Blvd Sacramento, CA 95819-4426. In February, 2013 the website of Bartholomew & Wasznickycut off the public from the only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento County Bar Association Family Law Section. Molinaro is "Editor Emeritus" of the newsletter.Click here for our report on the controversy. Click here for our coverage of the Bartholomew and Wasznicky firm and here for posts about Diane Wasznicky. John Munsill, John William Munsill - SBN 95705 12150 Tributary Pt Dr SBN 110 Gold River, CA 95670.Sandra Myers, Sandra Rae Myers - SBN 166041 Keegan & Myers 6542 Lonetree Blvd Rocklin, CA 95765.Terri Newman, Terri Diane Newman - SBN 125430 Law Offices of Terri D. Newman PO Box 2043 Loomis, CA 95650. Newman was involved in a proposed scheme to rig a recall election of controversialJudge Peter J. McBrien in 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the Year" before the November election. As of February 1, 2011, Newman became an inactive lawyer, according to State Bar data.

Gary O’Dell, Gary Ralph O'Dell - SBN 67013 Law Ofc Gary R O'Dell 2220 Douglas Blvd SBN 200 Roseville, CA 95661Robert O'Hair, Robert James O'Hair - SBN 77624 Woodruff, O'Hair, Posner and Salinger Inc., 2251 Fair Oaks Blvd. #100, Sacramento, CA 95825. O'Hair has twice held every office on the Sacramento County Bar Association Family Law Executive Committee, according to his own sworn testimony. In 2009, O'Hair testified as a character witness on behalf of controversialSacramento Family Court Judge Peter J. McBrien when the judge faced removal from the bench for misconduct by the state Commission on Judicial Performance. Click here to read O'Hair's CJP testimony. As a sworn temporary judge aware of McBrien's misconduct, O'Hair was required byCanon 6D(1) of the Code of Judicial Ethics to take or initiate appropriate corrective action to address McBrien's misconduct. Instead, he testified as a character witness in support of the judge. In the CJP's final disciplinary decision allowing McBrien to remain on the bench, the CJP referred specifically to O'Hair's testimony as a mitigating factor. Click here. Since 2004, O'Hair's firm - at which all four attorneys serve as judge pro tems - has been embroiled in a legal malpractice case alleging more than $1 million in damages against the firm and partner Thomas Woodruff. The case is ongoing with a tentative trial date in March, 2014. O'Hair is a graduate of McGeorge School of Law.Click here for SFCN coverage of attorney Robert O'Hair, and here for our reporting on Woodruff, O'Hair, Posner & Salinger Inc.

A group of family court litigants and several attorneys assert that the collusion between Sacramento Family Court judges and administrators and the Sacramento County Bar Association Family Law Executive Committee violates federal laws. The group is drafting a formal complaint to the U.S. Department of Justice Public Integrity Section which reportedly will include allegations of honest servicesmail and wire fraud under 18 USC 1346.There have been a number of attorney-judgepubliccorruptioncases prosecuted by the federal government.

An attorney who deliberately deceives a judge or any party involved in a court case is subject to misdemeanor criminal prosecution under California law. Family court reform advocates assert that many attorneys routinely engage in intentionally deceptive tactics, and that the law goes unenforced by judges, prosecutors, and California State Bar Chief Trial Counsel Jayne Kim.

Diane Wasznicky, Diane Elizabeth Wasznicky - SBN 98285 Bartholomew & Wasznicky LLP 4740 Folsom Blvd Sacramento, CA 95819. In 2012, Wasznicky unethically advertised that attorneys at her firm were temporary judges. After SFCN reported that her firm was in violation of the Code of Judicial Ethics, Wasznicky came into compliance. Wasznicky also was involved in a proposed scheme to rig a recall election of controversialJudge Peter J. McBrien in 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the Year" before the November election. In February, 2013 the website of Bartholomew & Wasznickycut off the public from the only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento County Bar Association Family Law Section.Click here for our report on the controversy. Click here for our coverage of the Bartholomew and Wasznicky firm and here for posts about Diane Wasznicky. Darrell Webster, Darrell Edwin Webster - SBN 99573 2390 Professional Dr Roseville, CA 95661.Lisa Wible-Wright, Lisa Ann Wible SBN 114596 900 University Ave. Ste. 101, Sacramento, CA 95825.

Sacramento Family Court News - Newsroom Law Library & Legal Resources

The news analysis and opinion content at Sacramento Family Court Newsis partly based on the legal references and treatises used by judges and attorneys. Click here for a description of our newsroom law library and the publications we use to research and report Sacramento Family Law Court issues. Most family law attorneys belong to the Sacramento County Bar Association Family Law Section. The section is headed by the Family Law Executive Committee, also known by the acronym FLEC. The committee is composed of CHAIR RUSSELL CARLSON, VICE CHAIR ELAINE VAN BEVEREN, TREASURER FREDRICK COHEN, and SECRETARY PAULA SALINGER. Family court watchdogs charge that the committee acts as a shadow government controlling most operations, including dictating local court rules in Sacramento family law court.

Sacramento Family Law Court users and our readers search for subjects including the California Supreme Court and Justices Goodwin Liu, Marvin Baxter, Ming Chin, Kathryn Werdegar, Joyce Kennard, Carol Corrigan, and Tani Cantil-Sakauye, and ATTORNEY DIVORCE, family laws in California, legal separation, judges and other family court information.Sacramento Family Court Judges include Thadd A. Blizzard, Peter J. McBrien, Matthew J. Gary,Jaime R. Roman, andSHARON LUERAS, and the Hon. Steve White. The current SACRAMENTO FAMILY COURT SUPERVISING JUDGE is JAMES MIZE. Family Court Sacramento judges are required to comply with the CODE OF JUDICIAL ETHICS. The Sacramento County Superior Court Supervising Family Law Facilitator is attorney LOLLIE ROBERTS. You can find an attorney for divorce orattorneys for divorceonline. DIVORCE COUNTY COURT is a popular search, and so is California legal separation. A lot of people want to know WHAT IS A LEGAL SEPARATION. Sacramento Family Court News reports on changes in California divorce law, also searched for usingCA DIVORCE LAW, and Supreme Court of California. Judge Sharon Lueras has been implicated in contributing to the deaths of two children as a result of rulings she issued. In the baby Ryder Salmen case Judge Lueras was featured on Nancy Grace. Click here. Sacramento Family Law Court is a common search made by court users.

Most Sacramento Family Court attorneys are members of the Sacramento Bar Association, formally known as the Sacramento County Bar Association. The Sacramento Bar Association has a Family Law Section and a Family Law Executive Committee known by the acronym FLEC. The Sacramento County Family Law Section Executive Committee is composed of CHAIR Russell Carlson, VICE CHAIR Elaine Van Beveren, TREASURER Fredrick Cohen, and SECRETARY Paula Salinger. The PAST CHAIR is Judith Winn.Each member of the Family Law Section Executive Committee also holds the Office of Temporary Judge, also known as aJudge Pro Tem. The Bar Association Family Law Section publishes a monthly newsletter called The Family Law Counselor.TheFamily Law Counseloris available at theBartholomew & Wasznickywebsite.Click here. UPDATE: In February, 2013 Bartholomew & Wasznicky terminated online public access to the Family Law Counselor newsletter, and scrubbed all Family Law Counselor newsletters from the firm website. CLICK HEREfor our report on the controversy. Other common search terms include HON.LAURIE M. EARL,state audits, judges, divorce attorneys, state auditor California, family law facilitators, spousal support, protest, county superior, self-represented, legal representation, in pro per, social injustice, judicial misconduct, pro se, social justice, Sacramento family law, judge, James Mize, civil disobedience, unrepresented, PRO PER PRO SE, family superior court, whistleblowing protection act, sacramento family court,Sacramento Superior Court family law facilitator, judges in California, judicial judges. Sacramento family law court is located at the William Ridgeway Courthouse.